By Kubiak H.B. No. 3447 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of geologists, geophysicists, and soil 1-3 scientists; providing an administrative and a criminal penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. SHORT TITLE. This Act may be cited as the 1-6 Geoscientist Registration Act. 1-7 SECTION 2. PURPOSE. In order to safeguard the interests of 1-8 the citizens of this state, to promote the public welfare, and to 1-9 protect the environment, the public practice of geology, 1-10 geophysics, and soil science in this state is declared to be 1-11 subject to regulation in the public interest. 1-12 SECTION 3. DEFINITIONS. In this Act: 1-13 (1) "Board" means the Board of Licensure for 1-14 Geologists, Geophysicists, and Soil Scientists. 1-15 (2) "Board certified specialty geologist" means a 1-16 licensed professional geologist who has met the academic and 1-17 experience qualifications in a specialty of geology established 1-18 under this Act and has been certified in that specialty by the 1-19 board. 1-20 (3) "Board certified specialty geophysicist" means a 1-21 licensed professional geophysicist who has met the academic and 1-22 experience qualifications in a specialty of geophysics established 2-1 under this Act and has been certified in that specialty by the 2-2 board. 2-3 (4) "Board certified specialty soil scientist" means a 2-4 licensed professional soil scientist who has met the academic and 2-5 experience qualifications in a specialty of soil science 2-6 established under this Act and has been certified in that specialty 2-7 by the board. 2-8 (5) "Certified geologist" means a geologist who has 2-9 been certified by a professional geological organization, society, 2-10 or association that has certification requirements that have been 2-11 recognized by the board, including the American Association of 2-12 Petroleum Geologists (AAPG), the American Institute of Professional 2-13 Geologists (AIPG), and the Society of Independent Professional 2-14 Earth Scientists (SIPES). 2-15 (6) "Certified geophysicist" means a geophysicist who 2-16 has been certified by a professional geophysical organization, 2-17 society, or association that has certification requirements that 2-18 have been recognized by the board. 2-19 (7) "Certified soil scientist" means a soil scientist 2-20 who has been certified by a professional soil science organization, 2-21 society, or association that has certification requirements that 2-22 have been recognized by the board, including the Soil Science 2-23 Society of America and the American Registry of Certified 2-24 Professionals in Agronomy, Crops, and Soils (ARCPACS). 2-25 (8) "Geological subordinate" means a person who 2-26 assists in the practice of geology, or an exempt person practicing 2-27 geology, without assuming the responsible charge of the work. 3-1 (9) "Geologist" means a person qualified to engage in 3-2 the practice of geology by reason of the person's knowledge of 3-3 geology, mathematics, and the supporting physical and life 3-4 sciences, acquired through education and practical experience. 3-5 (10) "Geology" means the science of the earth and its 3-6 origin and history, the investigation of the earth's constituent 3-7 rocks, minerals, fossil fuels, solids, and fluids, and the study of 3-8 the natural and introduced agents, forces, and processes that cause 3-9 changes in and on the earth. 3-10 (11) "Geophysical subordinate" means a person who 3-11 assists in the practice of geophysics, or an exempt person 3-12 practicing geophysics, without assuming the responsible charge of 3-13 the work. 3-14 (12) "Geophysicist" means a person qualified to engage 3-15 in the practice of geophysics by reason of the person's knowledge 3-16 of geophysics, mathematics, physics, and the supporting physical 3-17 and life sciences, acquired through education and practical 3-18 experience. 3-19 (13) "Geophysics" means the science of the study of 3-20 the physical earth by means of measuring its natural and induced 3-21 fields of force, including electricity, gravity, and magnetism, and 3-22 its responses to natural and induced energy and the interpretation 3-23 of these measurements, and relating these measurements to the 3-24 physics of the earth. 3-25 (14) "Public practice of geology" means the 3-26 performance before the public of geological services or work 3-27 affecting the public health and safety, including consulting, 4-1 investigating, evaluating, planning, mapping, and inspecting 4-2 geological work, and the responsible supervision of those tasks. 4-3 (15) "Public practice of geophysics" means the 4-4 performance before the public of geophysical services or work 4-5 affecting the public health and safety, including consulting, 4-6 investigating, evaluating, planning, mapping, and inspecting 4-7 geophysical work, and the responsible supervision of those tasks. 4-8 (16) "Public practice of soil science" means the 4-9 performance before the public of soil science services or work 4-10 affecting the public health and safety, including consulting, 4-11 investigating, evaluating, planning, mapping, and inspecting soil 4-12 science work, and the responsible supervision of those tasks. 4-13 (17) "Licensed professional geologist" means a 4-14 geologist who has met the academic and experience qualifications of 4-15 this Act and who has been issued a license as a licensed 4-16 professional geologist by the board. 4-17 (18) "Licensed professional geophysicist" means a 4-18 geophysicist who has met the academic and experience qualifications 4-19 of this Act and who has been issued a license as a licensed 4-20 professional geophysicist by the board. 4-21 (19) "Licensed professional soil scientist" means a 4-22 soil scientist who has met the academic and experience 4-23 qualifications of this Act and who has been issued a license as a 4-24 licensed professional soil scientist by the board. 4-25 (20) "Responsible charge" means the independent 4-26 control and direction of geological, geophysical, or soil science 4-27 work or the supervision of geological, geophysical, or soil science 5-1 work by the use of initiative, skill, and independent judgment. 5-2 (21) "Soil science" means the science of soils, their 5-3 classification, origin, and history, the investigation of physical, 5-4 chemical, mineralogical, morphological, and biological 5-5 characteristics of soils, and the study of natural and introduced 5-6 agents, forces, and processes that cause changes in and on the 5-7 soil. 5-8 (22) "Soil science subordinate" means a person who 5-9 assists in the practice of soil science, or an exempt person 5-10 practicing soil science, without assuming the responsible charge of 5-11 the work. 5-12 (23) "Soil scientist" means a person qualified to 5-13 engage in the practice of soil science by reason of the person's 5-14 knowledge of soil science, and the supporting chemical, physical, 5-15 and biological sciences acquired through education and practical 5-16 experience. 5-17 (24) "Geoscientist" means a person qualified to engage 5-18 in the practice in one of the collective disciplines of the 5-19 geological sciences, including geology, geophysics, and soil 5-20 science and specialty practices of each. 5-21 (25) "Specialty" means a branch of geology, 5-22 geophysics, or soil science that has been recognized by the board 5-23 for specialty certification. 5-24 (26) "Practice of specialty geology" means the 5-25 performance before the public of geological services or work 5-26 including consulting, investigating, evaluating, planning, mapping, 5-27 and inspecting geological work and the responsible supervision of 6-1 those tasks in the commonly recognized specialty geological 6-2 practices including engineering geology, hydrogeology, and 6-3 environmental geology. 6-4 (27) "Practice of specialty geophysics" means the 6-5 performance before the public of geophysical services or work 6-6 including consulting, investigating, evaluating, planning, mapping, 6-7 and inspecting geophysical work and the responsible supervision of 6-8 those tasks in the commonly recognized specialty geophysical 6-9 practices, including engineering geophysics, hydrogeophysics, and 6-10 environmental geophysics. 6-11 (28) "Practice of specialty soil science" means the 6-12 performance before the public of soil science services or work 6-13 including consulting, investigating, evaluating, planning, mapping, 6-14 and inspecting soil science work and the responsible supervision of 6-15 those tasks in commonly recognized specialty soil science 6-16 practices, including soil survey, soil classification, and 6-17 environmental soil science. 6-18 (29) "Performance before the public" means 6-19 (a) providing professional geological, geophysical, or soil 6-20 science services: 6-21 (1) to a governmental entity in the state of Texas; 6-22 (2) to comply with rules or regulations established by 6-23 Texas governmental entities for the express purpose of protecting 6-24 the health, safety and welfare of the citizens of Texas; and 6-25 (3) to the public, firms, or corporations in Texas 6-26 where the practitioner assumes the ultimate liability for the work 6-27 product. 7-1 (b) Performance before the public does not include services 7-2 provided for the express use of a corporation or firm by an 7-3 employee or consultant where the corporation or firm assumes the 7-4 ultimate liability for the work product. 7-5 SECTION 4. BOARD OF LICENSURE FOR GEOLOGISTS, GEOPHYSICISTS, 7-6 AND SOIL SCIENTISTS. (a) The Board of Licensure for Geologists, 7-7 Geophysicists, and Soil Scientists is created to administer the 7-8 provisions of this Act. 7-9 (b) The board is composed of nine members, who are appointed 7-10 by the governor with the advice and consent of the senate. 7-11 (c) Five members of the board must be geologists licensed 7-12 under this Act, two of whom must be board certified in a specialty 7-13 of geology recognized under this Act. One member of the board must 7-14 be a geophysicist licensed under this Act, and one member of the 7-15 board must be a soil scientist licensed under this Act. To the 7-16 extent possible, the composition of the geologists, geophysicists, 7-17 and soil scientists licensed under this Act serving on the board 7-18 must be representative of the occupational distribution of 7-19 geologists, geophysicists, and soil scientists licensed under this 7-20 Act. 7-21 (d) Two members of the board must be members of the general 7-22 public. 7-23 (e) A member of the board must be a citizen of the United 7-24 States, must have been a resident of this state for at least three 7-25 years preceding appointment, and must be at least 25 years of age. 7-26 (f) Members of the board serve staggered six-year terms with 7-27 the terms of three members expiring February 1 of each odd-numbered 8-1 year. 8-2 (g) A member of the board may not serve more than two 8-3 consecutive full terms. 8-4 (h) The Board of Licensure for Geologists, Geophysicists, 8-5 and Soil Scientists is subject to Chapter 325, Government Code 8-6 (Texas Sunset Act). Unless continued in existence as provided by 8-7 that chapter, the board is abolished and this Act expires September 8-8 1, 2007. 8-9 SECTION 5. RESTRICTIONS ON PUBLIC MEMBERSHIP. A person is 8-10 not eligible for appointment as a public member of the board if the 8-11 person or the person's spouse: 8-12 (1) is licensed, certified, or licensed by an 8-13 occupational regulatory agency in the practice of geology, 8-14 geophysics, or soil science; 8-15 (2) is employed by or participates in the management 8-16 of a business entity or other organization regulated by the board 8-17 or receiving funds from the board; 8-18 (3) owns or controls, directly or indirectly, more 8-19 than a 10 percent interest in a business entity or other 8-20 organization regulated by the board or receiving funds from the 8-21 board; or 8-22 (4) uses or receives a substantial amount of tangible 8-23 goods, services, or funds from the board, other than compensation 8-24 or reimbursement authorized by law for board membership, 8-25 attendance, or expenses. 8-26 SECTION 6. CONFLICTS OF INTEREST. (a) An officer, 8-27 employee, or paid consultant of a Texas trade association in the 9-1 practice of geology, geophysics, or soil science may not be a 9-2 member of the board or employee of the board who is exempt from the 9-3 state's position classification plan or is compensated at or above 9-4 the amount prescribed by the General Appropriations Act for step 1, 9-5 salary group 17, of the position classification salary schedule. 9-6 (b) A person who is the spouse of an officer, manager, or 9-7 paid consultant of a Texas trade association in the field of 9-8 geology, geophysics, or soil science may not be a member of the 9-9 board and may not be an employee of the board who is exempt from 9-10 the state's position classification plan or is compensated at or 9-11 above the amount prescribed by the General Appropriations Act for 9-12 step 1, salary group 17, of the position classification salary 9-13 schedule. 9-14 (c) For the purposes of this section, a Texas trade 9-15 association is a nonprofit, cooperative, and voluntarily joined 9-16 association of business or professional competitors in this state 9-17 designed to assist its members and its industry or profession in 9-18 dealing with mutual business or professional problems and in 9-19 promoting their common interest. 9-20 SECTION 7. LOBBYIST RESTRICTION. A person may not serve as 9-21 a member of the board or act as the general counsel to the board if 9-22 the person is required to register as a lobbyist under Chapter 305, 9-23 Government Code, because of the person's activities for 9-24 compensation on behalf of a profession related to the operation of 9-25 the board. 9-26 SECTION 8. REMOVAL FROM BOARD. It is a ground for removal 9-27 from the board if: 10-1 (1) the member is no longer qualified for appointment 10-2 to the board; 10-3 (2) the member engages in misconduct, is determined to 10-4 be incompetent, neglects the member's official duties, or engages 10-5 in malfeasance; 10-6 (3) the member commits a felony or a violation of this 10-7 Act resulting in disciplinary action; 10-8 (4) the member fails without excuse to attend at least 10-9 half of the regularly scheduled meetings held in a calendar year 10-10 while the member is a member of the board; or 10-11 (5) other good and sufficient cause for removal 10-12 exists. 10-13 SECTION 9. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE; PUBLIC 10-14 PARTICIPATION. (a) The board is subject to Chapters 551 and 2001, 10-15 Government Code. 10-16 (b) The board shall develop and implement policies that 10-17 provide the public with a reasonable opportunity to appear before 10-18 the board and to speak on any issue under the jurisdiction of the 10-19 board. 10-20 SECTION 10. VACANCY. If a vacancy on the board occurs, the 10-21 governor shall appoint a member to fill the unexpired term as 10-22 provided by this Act. 10-23 SECTION 11. COMPENSATION. A member of the board is entitled 10-24 to a per diem as set by the legislature for each day that the 10-25 member engages in the business of the board. A member of the board 10-26 is entitled to reimbursement for transportation and other expenses 10-27 incurred in connection with the business of the board. 11-1 SECTION 12. IMMUNITY FROM CIVIL LIABILITY. A member or 11-2 former member of the board or an agent, employee, or member of any 11-3 advisory committee appointed by the board under this Act is immune 11-4 from civil liability for any act or omission that occurred in the 11-5 person's official capacity. The attorney general shall defend a 11-6 person immune under this section in an action brought against the 11-7 board or the person for an alleged act or omission by the person. 11-8 SECTION 13. MEETINGS; OFFICERS OF BOARD. (a) The board 11-9 shall hold two or more regular meetings in each calendar year. A 11-10 special meeting may be held at a time permitted by rule of the 11-11 board. 11-12 (b) The board shall elect annually from its own membership a 11-13 chair, vice chair, and secretary-treasurer, none of whom may hold 11-14 office for more than two consecutive one-year terms. The board may 11-15 appoint an assistant secretary and other assistant officers who are 11-16 not members of the board to assist the board and exercise its 11-17 authority in carrying out its duties and responsibilities. 11-18 (c) A majority of the board constitutes a quorum. 11-19 (d) Minutes of each meeting of the board, recording the 11-20 members present and the business conducted, shall be signed and 11-21 kept by the secretary-treasurer or an assistant secretary appointed 11-22 by the board. 11-23 SECTION 14. POWERS AND DUTIES OF BOARD. (a) The board may: 11-24 (1) adopt and enforce rules consistent with this Act 11-25 and necessary for the performance of its duties; 11-26 (2) set reasonable and necessary fees to be charged 11-27 applicants and licensees under this Act; and 12-1 (3) recognize and establish specialty branches of 12-2 geological, geophysical, and soil science practice and establish 12-3 qualifications, conduct examinations, and certify specialties for 12-4 qualified applicants. 12-5 (b) The board may prepare, administer, and grade oral and 12-6 written examinations required or permitted under this Act. The 12-7 board may adopt or recognize, in part or in whole, examinations 12-8 prepared, administered, or graded by other organizations, on a 12-9 regional or national basis, that the board determines appropriate 12-10 to measure the qualifications of an applicant for licensure as a 12-11 geologist, geophysicist, or soil scientist or certification in a 12-12 specialty of geology, geophysics, or soil science if: 12-13 (1) the examination questions, the correct answers, 12-14 and an individual applicant's completed examination are available 12-15 to the board; and 12-16 (2) the board retains the authority to determine a 12-17 passing grade for licensure in this state. 12-18 (c) The board shall issue, renew, and reinstate licenses as 12-19 provided by this Act. As a condition for renewal of a license, the 12-20 board may require evidence of the competence of an applicant for 12-21 renewal by requiring the applicant to participate in continuing 12-22 professional education on a periodic or other basis. As a 12-23 condition for reinstatement, the board may require evidence of the 12-24 competence of an applicant for reinstatement in the practice of 12-25 geology, geophysics, or soil science by reviewing the applicant's 12-26 qualifications and experience, by requiring continuing professional 12-27 education, by conducting a reexamination on a periodic or other 13-1 basis, or by other appropriate means. 13-2 (d) The board, by rule, shall adopt a code of professional 13-3 conduct that is binding on all licensees under this Act. The board 13-4 may enforce the code by imposing sanctions as provided by this Act. 13-5 (e) The board shall investigate all complaints of violations 13-6 of this Act as provided by this Act. 13-7 (f) The board may refuse to issue or renew or may suspend or 13-8 revoke a license and may impose sanctions including restrictions on 13-9 the practice of a licensee or a person, firm, or corporation 13-10 practicing under this Act for a violation of this Act or a rule 13-11 adopted under this Act. 13-12 (g) The board may administer oaths and affirmations and 13-13 issue subpoenas to compel the attendance of witnesses and the 13-14 production of evidence. 13-15 (h) The board may issue cease and desist orders and seek 13-16 injunctions against a violation of this Act or a rule adopted under 13-17 this Act. 13-18 (i) The board shall recognize the use of the designations 13-19 "Certified Professional Geologist" or "C.P.G." as used by the AIPG, 13-20 "Certified Petroleum Geologist" or "C.P.G." as used by the AAPG, 13-21 "Certified Earth Scientist" or "C.E.S." as used by SIPES, 13-22 "Certified Professional Soil Scientist" or "C.P.S.S." as used by 13-23 the ARCPACS and the use of the designation "Certified Geologist," 13-24 "Certified Geophysicist," "Certified Soil Scientist," or any 13-25 similar designation used by a professional geological, geophysical, 13-26 or soil science organization, society, or association recognized by 13-27 the board, if: 14-1 (1) the organization's, society's, or association's 14-2 requirements for certification are comparable to the educational 14-3 and experience requirements of this Act and are otherwise 14-4 acceptable to the board; 14-5 (2) the full name or recognized abbreviation of the 14-6 organization, society, or association granting the certification is 14-7 stated following or in conjunction with the use of the designation 14-8 or abbreviation; and 14-9 (3) the designation or abbreviation is not used in a 14-10 manner that is misleading or that creates an impression that the 14-11 person is licensed to practice geology, geophysics, or soil science 14-12 before the public unless the person is licensed under this Act. 14-13 (j) The board shall recognize the use of the designations 14-14 "geological engineer," "geotechnical engineer," "hydraulic 14-15 engineer," and "agricultural engineer" as legitimate engineering 14-16 titles separate from geology, geophysics, or soil science or a 14-17 specialty of geology, geophysics, or soil science and requiring 14-18 registration as a professional engineer. 14-19 (k) The board may enter into agreements with boards of 14-20 licensure in other states and other appropriate organizations, 14-21 societies, associations, and agencies to develop uniform standards 14-22 for: 14-23 (1) the licensure of geologists, geophysicists, and 14-24 soil scientists; 14-25 (2) accrediting educational programs; 14-26 (3) establishing reciprocity and temporary licenses; 14-27 (4) developing regional or national examinations; 15-1 (5) evaluating applicants; and 15-2 (6) other purposes consistent with this Act. 15-3 (l) The board may appoint committees, employ personnel, 15-4 employ contractors and consultants, lease or purchase furnishings, 15-5 equipment, and supplies, lease office space, and incur other 15-6 similar expenses in connection with the administration of this Act. 15-7 SECTION 15. EXECUTIVE DIRECTOR; OFFICES. (a) The board 15-8 shall appoint an executive director, who shall be responsible for 15-9 managing the day-to-day affairs of the board, including: 15-10 (1) arranging for and supervising the necessary 15-11 support, secretarial, and clerical services; 15-12 (2) obtaining space for holding examinations, 15-13 meetings, and conferences; 15-14 (3) printing or purchasing examinations; 15-15 (4) printing and mailing forms, information, and 15-16 certificates; 15-17 (5) sending notices, collecting fees, and issuing 15-18 receipts; 15-19 (6) conducting the correspondence of the board, 15-20 including replying to routine requests for information; 15-21 (7) maintaining the minutes and records of the board; 15-22 (8) keeping records of receipts and disbursements; and 15-23 (9) providing necessary investigative services. 15-24 (b) The board shall maintain an official office and address 15-25 within the city of Austin to conduct its business. 15-26 SECTION 16. RECEIPTS AND DISBURSEMENTS; FUND. (a) The 15-27 executive director shall receive, administer, and account for all 16-1 money received under this Act and shall transfer the funds to the 16-2 comptroller. 16-3 (b) All funds paid to the board under this Act shall be 16-4 deposited in a special fund, known as the "geoscientists fund." 16-5 The geoscientists fund shall be maintained in accordance with the 16-6 accounting procedures of, and shall be subject to audit by, the 16-7 state auditor. Interest earned on money deposited in the 16-8 geoscientists fund shall be credited to the geoscientists fund. 16-9 (c) All expenses incurred by the board in the administration 16-10 and enforcement of this Act shall be paid from the geoscientists 16-11 fund. 16-12 (d) The executive director shall file an annual report of 16-13 all receipts, expenditures, and fund balances with the comptroller. 16-14 (e) The expenses and income shall be balanced and subject to 16-15 yearly audits by the state auditor. Any unexpended balance 16-16 remaining in the fund at the end of the fiscal year lapses to the 16-17 general revenue fund. 16-18 SECTION 17. ROSTER AND SPECIALTIES LIST. (a) The board 16-19 shall maintain a roster stating the name and place of business of 16-20 each licensed professional geologist, geophysicist, and soil 16-21 scientist and board certified specialty geologist, geophysicist, 16-22 and soil scientist practicing under a license issued by the board. 16-23 Copies of the roster shall be kept on file with the board and shall 16-24 be furnished on request to a state agency, a county or municipal 16-25 clerk or building official, and a licensee. A copy of the roster 16-26 shall also be furnished to any person on written request, subject 16-27 to payment of a reasonable fee set by the board and any applicable 17-1 state taxes. 17-2 (b) The board shall maintain a list of recognized 17-3 specialties of geology, geophysics, and soil science in which 17-4 certification is recognized by the board under this Act and 17-5 professional geological, geophysical, and soil science 17-6 organizations, societies, and associations recognized by the board. 17-7 (c) The board shall maintain a list of each state, 17-8 territory, or possession of the United States, the District of 17-9 Columbia, and each foreign country in which the requirements and 17-10 qualifications for licensure are comparable to those established in 17-11 this state and with which a reciprocity agreement exists. 17-12 SECTION 18. LICENSURE REQUIRED. (a) Unless exempted by 17-13 this Act, a person may not engage in the public practice of 17-14 geology, geophysics, or soil science or a specialty of geology, 17-15 geophysics, or soil science without a license issued under this 17-16 Act. 17-17 (b) A person may not use the term "licensed professional 17-18 geologist," "licensed professional geophysicist," or "licensed 17-19 professional soil scientist," claim to have a specialty in geology, 17-20 geophysics, or soil science as part of a professional, business, or 17-21 commercial identification or title, or otherwise hold out to the 17-22 public that the person is qualified to practice as a geologist, 17-23 geophysicist, or soil scientist or to engage in the public practice 17-24 of geology, geophysics, or soil science or a specialty of geology, 17-25 geophysics, or soil science unless the person is licensed under 17-26 this Act. 17-27 (c) A person may not prepare or supervise the preparation of 18-1 a geological, geophysical, or soil science report or a geological, 18-2 geophysical, or soil science portion of a report required by 18-3 municipal or county ordinance, state or federal law, state agency 18-4 rule, or federal regulation that incorporates or is based on a 18-5 geological, geophysical, or soil study or geological, geophysical, 18-6 or soil data unless the person is licensed as a geologist, 18-7 geophysicist, or soil scientist under this Act. 18-8 (d) The state or a political subdivision of the state may 18-9 not contract for geological, geophysical, or soil science services 18-10 with a person other than a person licensed under this Act or with a 18-11 business entity other than a business entity that employs 18-12 geologists, geophysicists, or soil scientists licensed under this 18-13 Act who shall be responsible for the geological, geophysical, or 18-14 soil science work performed by the business entity. The term 18-15 "contract" as used in this subsection does not include the 18-16 relationship between a state agency or political subdivision and 18-17 its employees. Geological, geophysical, or soil science work 18-18 performed by employees or contractors of a state agency or 18-19 political subdivision must be performed in accordance with the 18-20 requirements or subsection (c) of Section 18 of this Act. 18-21 SECTION 19. APPLICATION REQUIREMENTS. (a) An applicant for 18-22 licensure as a geologist, geophysicist, or soil scientist, in a 18-23 specialty of geology, geophysics, or soil science, or for temporary 18-24 or reciprocal licensure must apply on a form prescribed by the 18-25 board that is signed and sworn to by the applicant before a notary 18-26 public. 18-27 (b) An application must be accompanied by the appropriate 19-1 application fee and include: 19-2 (1) information concerning the applicant's education; 19-3 (2) a detailed summary of the applicant's geological, 19-4 geophysical, or soil science work experience, including work in a 19-5 specialty in which the applicant seeks certification; 19-6 (3) a signed statement that the applicant has read and 19-7 will comply with the code of professional conduct; and 19-8 (4) not fewer than five reference letters, of which 19-9 not fewer than three are from geologists, geophysicists, or soil 19-10 scientists having personal knowledge of the applicant's geological, 19-11 geophysical, or soil science experience. 19-12 (c) An applicant must pay a fee for application, 19-13 examination, licensure, and renewal of a license, in addition to 19-14 any other fee required by the board. 19-15 SECTION 20. GEOLOGIST REGISTRATION REQUIREMENTS. To be 19-16 licensed as a geologist, an applicant must: 19-17 (1) be of good moral and ethical character as attested 19-18 to by letters of reference submitted on behalf of the applicant or 19-19 as otherwise determined by the board; 19-20 (2) have graduated from a course of study in geology 19-21 or geoscience satisfactory to the board or from a program 19-22 accredited by an organization recognized by the board, of four or 19-23 more years' duration including at least 30 semester or 45 quarter 19-24 hours of credit, with a major in geology or geoscience or a 19-25 geological specialty or have satisfactorily completed other 19-26 equivalent educational requirements as determined by the board; 19-27 (3) have a documented record of a minimum of four 20-1 years of satisfactory work experience in geology or a specialty of 20-2 geology obtained after completing the academic requirements of a 20-3 bachelor of science degree from an approved or accredited college 20-4 or university or have a documented record of not less than six 20-5 years of satisfactory work experience in geology or a specialty of 20-6 geology obtained after completing the academic requirements of a 20-7 bachelor of arts degree from an approved or accredited college or 20-8 university that demonstrates that the applicant is qualified to 20-9 assume responsible charge for geological work on licensure as a 20-10 geologist, two years of which work experience may be required by 20-11 the board to have been gained under the supervision of a geologist 20-12 licensed in this state or another state or gained under the 20-13 supervision of another person who, in the opinion of the board, is 20-14 qualified to have responsible charge of geological work; 20-15 (4) have passed an examination covering the 20-16 fundamentals and practice of geology required by the board; and 20-17 (5) meet other general or individual requirements 20-18 established by the board under this Act. 20-19 SECTION 21. GEOPHYSICIST REGISTRATION REQUIREMENTS. To be 20-20 licensed as a geophysicist, an applicant must: 20-21 (1) be of good moral and ethical character as attested 20-22 to by letters of reference submitted on behalf of the applicant or 20-23 as otherwise determined by the board; 20-24 (2) have graduated from a course of study in 20-25 geophysics, geophysical science, or another discipline that in the 20-26 board's opinion is relevant to geophysics or from a program 20-27 accredited by an organization recognized by the board, of four or 21-1 more years' duration including at least 30 semester or 45 quarter 21-2 hours of credit, with a major in geophysics or geoscience or a 21-3 geophysical specialty or have satisfactorily completed other 21-4 equivalent educational requirements as determined by the board; 21-5 (3) have a documented record of a minimum of four 21-6 years of satisfactory work experience in geophysics or a specialty 21-7 of geophysics obtained after completing the academic requirements 21-8 of a bachelor of science degree from an approved or accredited 21-9 institution of higher learning or have a documented record of not 21-10 less than six years of satisfactory work experience in geophysics 21-11 or a specialty of geophysics obtained after completing the academic 21-12 requirements of a bachelor of arts degree from an approved or 21-13 accredited college or university that demonstrates that the 21-14 applicant is qualified to assume responsible charge for geophysical 21-15 work on licensure as a geophysicist, two years of which work 21-16 experience may be required by the board to have been gained under 21-17 the supervision of a geophysicist licensed in this state or another 21-18 state or gained under the supervision of another person who, in the 21-19 opinion of the board, is qualified to have responsible charge of 21-20 geophysical work; 21-21 (4) have passed an examination covering the 21-22 fundamentals and practice of geophysics required by the board; and 21-23 (5) meet other general or individual requirements 21-24 established by the board under this Act. 21-25 SECTION 22. SOIL SCIENTIST REGISTRATION REQUIREMENTS. To be 21-26 licensed as a soil scientist, an applicant must: 21-27 (1) be of good moral and ethical character as attested 22-1 to by letters of reference submitted on behalf of the applicant or 22-2 as otherwise determined by the board; 22-3 (2) have graduated from a course of study in soil 22-4 science satisfactory to the board or from a program accredited by 22-5 an organization recognized by the board, of four or more years' 22-6 duration and including at least 30 semester or 45 quarter hours of 22-7 credit, with a major in soil science, or have satisfactorily 22-8 completed other equivalent educational requirements as determined 22-9 by the board; 22-10 (3) have a documented record of a minimum of four 22-11 years of satisfactory work experience in soil science after 22-12 completing the academic requirements of a bachelor of science 22-13 degree from an approved or accredited institution of higher 22-14 learning or have a documented record of not less than four years of 22-15 satisfactory work experience in soil science obtained after 22-16 completing the academic requirements of a bachelor of science 22-17 degree from an approved or accredited college or university that 22-18 demonstrates that the applicant is qualified to assume responsible 22-19 charge for soil science work on licensure as a soil scientist, two 22-20 years of which work experience may be required by the board to have 22-21 been gained under the supervision of a soil scientist licensed in 22-22 this state or another state or gained under the supervision of 22-23 another person who, in the opinion of the board, is qualified to 22-24 have responsible charge of soil science work; 22-25 (4) have passed a Soil Science Society of America 22-26 examination or an equivalent examination covering the fundamentals 22-27 and practice of soil science required by the board; and 23-1 (5) meet other general or individual requirements 23-2 established by the board under this Act. 23-3 SECTION 23. REQUIREMENTS FOR GEOLOGICAL, GEOPHYSICAL, OR 23-4 SOIL SCIENCE SPECIALTY CERTIFICATION. An applicant for 23-5 certification in a geological, geophysical, or soil science 23-6 specialty must meet the following requirements in addition to 23-7 meeting the requirements of Section 20, 21, or 22 of this Act, as 23-8 appropriate: 23-9 (1) successful completion of 12 semester or 16 quarter 23-10 hours of advanced study in the specialty at an academic institution 23-11 acceptable to the board or completion of an equivalent amount of 23-12 professional experience acceptable to the board; 23-13 (2) have experience including a documented record of 23-14 six or more years of experience with not less than four years in 23-15 the specialty after completing the academic requirements of this 23-16 section in geological, geophysical, or soil science work, as 23-17 appropriate, of a nature satisfactory to the board that 23-18 demonstrates that the applicant is qualified to assume responsible 23-19 charge of the specialty work on certification in the specialty and 23-20 not less than two years of the experience gained under the 23-21 supervision of a geologist, geophysicist, or soil scientist 23-22 certified in the specialty in this state or another state or under 23-23 the supervision of another person whom the board determines to be 23-24 qualified to have responsible charge of geological, geophysical, or 23-25 soil science work in the specialty or, as an alternative to the two 23-26 years of experience under the supervision of a geologist, 23-27 geophysicist, or soil scientist certified in the specialty, the 24-1 board may accept three reference letters from board certified 24-2 specialty geologists, geophysicists, or soil scientists in the 24-3 specialty; and 24-4 (3) have passed an examination required by the board 24-5 in the specialty. 24-6 SECTION 24. QUALIFYING EXPERIENCE. The following standards 24-7 shall be applied in evaluating the experience of an applicant for 24-8 licensure in the practice of geology, geophysics, or soil science 24-9 or for a specialty certification under Sections 20-23 of this Act: 24-10 (1) each year of professional practice acceptable to 24-11 the board, under the direct supervision of a geologist, 24-12 geophysicist, or soil scientist, as appropriate, who is licensed in 24-13 this state or in another state under requirements for licensure 24-14 that are comparable to those in this Act or under the direct 24-15 supervision of a geologist, geophysicist, or soil scientist, as 24-16 appropriate, who meets the educational and experience requirements 24-17 for licensure but is not required to be licensed under this Act 24-18 constitutes one year of professional experience in geology, 24-19 geophysics, or soil science; 24-20 (2) each year of professional specialty geological, 24-21 geophysical, or soil science practice acceptable to the board under 24-22 the direct supervision of a specialty geologist, specialty 24-23 geophysicist, or specialty soil scientist who is certified in the 24-24 specialty under this Act or who is licensed or certified as a 24-25 specialty geologist, specialty geophysicist, or specialty soil 24-26 scientist under comparable requirements in another state, under a 24-27 civil engineer or geological engineer licensed in this state or 25-1 another state, or under a specialty geologist, specialty 25-2 geophysicist, or specialty soil scientist who meets the educational 25-3 and experience requirements for licensure but is not required to be 25-4 licensed under this Act constitutes one year of practice in a 25-5 specialty in geology, geophysics, or soil science; and 25-6 (3) a year of experience in professional practice 25-7 acceptable to the board and acquired before September 1, 1998, 25-8 constitutes one year of experience in professional practice if the 25-9 experience: 25-10 (A) was acquired under the direct supervision of 25-11 a geologist, geophysicist, or soil scientist, as appropriate, who 25-12 meets the educational and experience requirements for licensure 25-13 under this Act or is licensed under comparable requirements in 25-14 another state; or 25-15 (B) would constitute the responsible charge of 25-16 professional work in geology, geophysics, or soil science, as 25-17 appropriate, as determined by the board. 25-18 SECTION 25. GRADUATE STUDY, RESEARCH, AND TEACHING 25-19 EXPERIENCE. (a) Each year of full-time graduate study in the 25-20 geological, geophysical, or soil sciences or in a specialty of 25-21 geology, geophysics, or soil science that is acceptable to the 25-22 board constitutes one year of professional experience in geology, 25-23 geophysics, or soil science, or the applicable specialty of 25-24 geology, geophysics, or soil science. No more than two years of 25-25 full-time graduate study may be accepted by the board for 25-26 professional experience for a single applicant. 25-27 (b) The board may accept geological, geophysical, or soil 26-1 science research or teaching by a person studying geology, 26-2 geophysics, or soil science, or a geological, geophysical, or soil 26-3 science specialty at the college or university level as qualifying 26-4 experience if the research or teaching, in the judgment of the 26-5 board, is comparable to experience obtained in the practice of 26-6 geology, geophysics, or soil science or a specialty of geology, 26-7 geophysics, or soil science. 26-8 SECTION 26. LICENSURE WITHOUT EXAMINATION. (a) The board 26-9 shall adopt rules relating to the licensure of a person holding a 26-10 valid certificate of registration or license for the practice of 26-11 geology, geophysics, or soil science or a recognized specialty of 26-12 geology, geophysics, or soil science issued under the law of 26-13 another state or a territory or possession of the United States, 26-14 the District of Columbia, or a foreign country, without requiring 26-15 the person to meet the examination requirements of Sections 20-23 26-16 of this Act. 26-17 (b) The board may issue a license to an applicant who 26-18 provides proof of registration or licensure under requirements that 26-19 the board determines to be substantially similar to those 26-20 established by this Act and who pays the required fees. 26-21 SECTION 27. TEMPORARY LICENSURE. A person who is not a 26-22 resident of this state and does not have an established place of 26-23 business in this state who seeks to practice geology, geophysics, 26-24 or soil science in this state for a time not to exceed 90 days 26-25 after the date of licensure or an applicant for reciprocal 26-26 licensure who seeks to practice geology, geophysics, or soil 26-27 science pending a determination on the reciprocity application may 27-1 be issued a temporary license authorizing temporary practice in 27-2 this state if the person: 27-3 (1) applies for temporary licensure to the board, 27-4 provides proof of licensure in another state, the District of 27-5 Columbia, a territory or possession of the United States, or a 27-6 foreign country, and pays the required fees; 27-7 (2) agrees to comply with the signature requirements 27-8 of Section 34(b) of this Act and to affix the person's seal from 27-9 the jurisdiction where the person is registered or licensed on all 27-10 work completed while practicing under the temporary license; and 27-11 (3) files the required information and reports and 27-12 complies with other requirements established by the board 27-13 concerning the person's temporary practice. 27-14 SECTION 28. WAIVER OF REQUIREMENTS. (a) In an individual 27-15 case, the board may waive any of the requirements for licensure by 27-16 a two-thirds vote of the entire board, except for the payment of a 27-17 required fee, on the written request of the applicant and on a 27-18 showing of good cause if the board determines that the applicant is 27-19 otherwise qualified for licensure as a geologist, geophysicist, or 27-20 soil scientist or for certification in a specialty of geology, 27-21 geophysics, or soil science. 27-22 (b) The requirements waived under this section and the basis 27-23 for the waiver must be recorded in the applicant's record and in 27-24 the proceedings of the board. 27-25 SECTION 29. DENIAL OF LICENSURE. (a) The board may deny 27-26 licensure for an applicant who fails to satisfy a requirement of 27-27 this Act or on a determination by the board that there is probable 28-1 cause to believe that an applicant has violated this Act or a 28-2 provision the licensee would be subject to in this Act or a 28-3 comparable provision in the licensure law of another state. 28-4 (b) The board may not issue a license pending the 28-5 disposition of a complaint alleging a violation in this or another 28-6 state if the board has notice of the alleged violation. 28-7 (c) An applicant who is denied licensure must be notified of 28-8 the reason for denial in writing not later than the 30th day after 28-9 the date of the board's decision. Not later than the 30th day 28-10 after the date of receipt of the notice, the applicant may make a 28-11 written request for a hearing. In the absence of a request for a 28-12 hearing, the board's action is final. 28-13 SECTION 30. CONTINUING EDUCATION. To renew a license as a 28-14 professional geologist, geophysicist, or soil scientist or 28-15 certification as a specialty geologist, geophysicist, or soil 28-16 scientist, an applicant for renewal must meet the continuing 28-17 education requirements for renewal established by the board. 28-18 SECTION 31. CERTIFICATES AND SEALS. (a) The board shall 28-19 issue an appropriate license to a licensed professional geologist, 28-20 geophysicist, or soil scientist and a specialty certification to an 28-21 applicant who meets the requirements of this Act for licensure as a 28-22 geologist, geophysicist, or soil scientist or for board 28-23 certification in a specialty of geology, geophysics, or soil 28-24 science on payment of the applicable licensure fee. 28-25 (b) The certificate must show the full name of the licensee, 28-26 have a serial number, and be signed by an appropriate officer of 28-27 the board under the board's seal. 29-1 (c) The issuance by the board of a license is prima facie 29-2 evidence that while the certificate is valid the person named on 29-3 the certificate is entitled to all rights and privileges of a 29-4 licensed professional geologist, geophysicist, or soil scientist, 29-5 or a board certified specialty geologist, geophysicist, or soil 29-6 scientist and is entitled to practice geology, geophysics, or soil 29-7 science as a firm or corporation. 29-8 (d) A certificate and seal issued to a holder of a specialty 29-9 certificate must: 29-10 (1) clearly identify the specialty certification; and 29-11 (2) be distinct from a certificate and seal issued to 29-12 a holder of a certificate who does not have a specialty 29-13 certificate. 29-14 SECTION 32. LICENSE DURATION; EXPIRATION. (a) A license is 29-15 valid for a period not to exceed three years and expires according 29-16 to a schedule established by the board. 29-17 (b) The board shall notify each certificate holder of the 29-18 date of expiration of the person's certificate and the amount of 29-19 the fee required for renewal not later than the 60th day before the 29-20 date of expiration. 29-21 (c) On expiration, a certificate is invalid and may not be 29-22 renewed except as provided by this Act. 29-23 SECTION 33. LICENSE RENEWAL. (a) The board shall renew or 29-24 reissue a license for a licensee who before the expiration date of 29-25 the certificate or within a period not to exceed 60 days after the 29-26 expiration as determined by the board: 29-27 (1) submits the required renewal application and fee 30-1 and a penalty for late renewal if required; and 30-2 (2) meets the requirements for renewal established by 30-3 the board. 30-4 (b) The board, by rule, may establish conditions and fees 30-5 for the reissuance of licenses that have lapsed, expired, or been 30-6 suspended or revoked. 30-7 (c) The board shall reissue a new certificate to replace any 30-8 license that has been lost, destroyed, or mutilated, subject to the 30-9 rules and fees adopted by the board. 30-10 SECTION 34. LICENSEE'S SEAL. (a) On licensure, a licensee 30-11 must obtain a seal of a design established by the board bearing the 30-12 licensee's name, license number, the words "Licensed Professional 30-13 Geologist," "Licensed Professional Geophysicist," or "Licensed 30-14 Professional Soil Scientist" and words that indicate any specialty 30-15 in which the individual may be certified. 30-16 (b) Geological, geophysical, and soil science reports, 30-17 documents, and other records as defined by the board that are 30-18 offered to the public and prepared or issued by or under the 30-19 supervision of a licensed professional geologist, geophysicist, or 30-20 soil scientist or by a subordinate under the supervision of a 30-21 licensed professional geologist, geophysicist, or soil scientist 30-22 must include the full name, signature, and license number of the 30-23 licensee who prepared the document or under whose supervision it 30-24 was prepared and an impression of the licensee's seal in accordance 30-25 with rules adopted by the board. Documents that are required to be 30-26 prepared or issued by or under the direction of a geologist, 30-27 geophysicist, or soil scientist certified in a specialty must be 31-1 similarly signed and sealed. 31-2 SECTION 35. EXEMPTIONS; APPLICATION OF ACT. (a) The 31-3 following activities do not require licensure under this Act: 31-4 (1) geological, geophysical, or soil science work 31-5 performed by an employee or a subordinate of a licensee under this 31-6 Act, if the work does not include the responsible charge of 31-7 geological, geophysical, or soil science work and is performed 31-8 under the direct supervision of a licensed professional geologist, 31-9 geophysicist, or soil scientist who is responsible for the work; 31-10 (2) geological, geophysical, or soil science work 31-11 performed by an officer or employee of the United States practicing 31-12 solely as such an officer or employee; 31-13 (3) geological, geophysical, or soil science work 31-14 performed exclusively in exploring for and developing energy 31-15 resources, base metals, precious and nonprecious minerals, 31-16 including sand, gravel, and aggregate, provided such work is done 31-17 in and for the benefit of private industry; 31-18 (4) geological, geophysical, or soil science research 31-19 conducted through an academic institution, a state or federal 31-20 governmental agency, a nonprofit research institution, or a 31-21 for-profit organization that includes submitting a report on the 31-22 research to a public agency unless the work is covered by Section 31-23 18(c) of this Act; 31-24 (5) teaching geology, geophysics, or soil science or a 31-25 related physical or natural science except for teaching an advanced 31-26 course in geology, geophysics, or soil science that may be intended 31-27 to qualify as a course requirement for specialty certification; 32-1 (6) the acquisition and interpretation of data 32-2 involving soil, rock, groundwater, and other earth materials for 32-3 engineering purposes; the evaluation of the physicial and chemical 32-4 properties of soil, rock, groundwater, and other earth materials, 32-5 or the use of data in analysis, design, and construction by a 32-6 professional engineer registered in this state; 32-7 (7) work customarily performed by a physical or 32-8 natural scientist including a chemist, an archaeologist, a 32-9 geographer, and an oceanographer, if the work does not include the 32-10 planning and execution of a geological, geophysical, or soil 32-11 science investigation or involve the scientist being in responsible 32-12 charge of geological, geophysical, or soil science or specialty 32-13 geological, geophysical, or soil science work or require drawing or 32-14 making geological, geophysical, or soil science conclusions or 32-15 recommendations that significantly affect the public health, 32-16 safety, or welfare; 32-17 (8) testifying or preparing and presenting an exhibit 32-18 or document for the sole purpose of being placed in evidence before 32-19 an administrative or judicial tribunal or hearing, if the 32-20 testimony, exhibit, or document does not imply that the person is 32-21 licensed under this Act; and 32-22 (9) evaluation by a state agency as defined in Texas 32-23 Government Code, Section 2001.003(7), or hearing examiner of an 32-24 exhibit or document offered or placed in evidence before an 32-25 administrative tribunal. 32-26 (b) This Act does not permit the practice of engineering, as 32-27 that practice is defined by The Texas Engineering Practice Act 33-1 (Article 3271a, Vernon's Texas Civil Statutes), by a licensed 33-2 professional geologist, geophysicist, or soil scientist or a 33-3 specialty geologist, geophysicist, or soil scientist. 33-4 (c) A recommendation, design, analysis, redesign, review and 33-5 evaluation, supervision, or summary analysis of an engineered 33-6 structure or work that requires engineering education, training, 33-7 and experience in the application of special knowledge of 33-8 mathematical, physical, or engineering sciences is engineering and 33-9 is subject to The Texas Engineering Practice Act (Article 3271a, 33-10 Vernon's Texas Civil Statutes). 33-11 (d) This Act does not permit the performance of an 33-12 engineering analysis supporting an engineering design by a licensed 33-13 professional geologist, geophysicist, or soil scientist or 33-14 specialty geologist, geophysicist, or soil scientist unless the 33-15 action is under the supervision of a licensed professional 33-16 engineer. 33-17 (e) This Act does not permit a licensed professional 33-18 geologist, geophysicist, or soil scientist or specialty geologist, 33-19 geophysicist, or soil scientist to provide construction quality 33-20 control and evaluation, or to design, develop, or perform 33-21 engineering review and evaluation of plans and specifications for 33-22 an engineered structure or work as defined under the Texas 33-23 Engineering Practice Act. Engineered structures or works include a 33-24 building, utility, machine, equipment, engineered process, engineer 33-25 product, device, liner, or project designed or constructed, 33-26 regardless of whether the structure or work in constructed of 33-27 earthen or man-made materials. This subsection does permit the 34-1 geoscientific review and evaluation of the geoscientific components 34-2 of a project that includes an engineered structure or work. 34-3 (f) With regard to an environmental and pollution 34-4 remediation project, this Act: 34-5 (1) permits the characterization, study, appraisal, 34-6 investigation, and geoscientific review and evaluation of the 34-7 geoscientific components of a project by a certificate holder; and 34-8 (2) as required under the Texas Engineering Practice 34-9 Act, does not permit the design, development, or performance of 34-10 engineering review and evaluation of an engineered structure, work, 34-11 or process or related constructed improvements used in the 34-12 extraction and management of waste. 34-13 (g) Nothing in this Act requires a licensed geologist, or 34-14 person acting under the supervision of a licensed geologist, who 34-15 performs service or work that is both geology and soil science as 34-16 defined by this Act to be licensed as a soil scientist or to work 34-17 under the supervision of a soil scientist. 34-18 (h) Nothing in this Act requires a licensed soil scientist, 34-19 or person acting under the supervision of a licensed soil 34-20 scientist, who performs service or work that is both soil science 34-21 and geology as defined by this Act to be licensed as a geologist or 34-22 to work under the supervision of a licensed geologist. 34-23 SECTION 36. PRACTICE OF GEOLOGY, GEOPHYSICS, OR SOIL SCIENCE 34-24 BY FIRM OR CORPORATION. (a) A firm or corporation may not engage 34-25 in the public practice of geology, geophysics, or soil science or a 34-26 specialty of geology, geophysics, or soil science except for: 34-27 (1) geological, geophysical, or soil science work 35-1 performed by or under the supervision of a geologist, geophysicist, 35-2 or soil scientist licensed to practice geology, geophysics, or soil 35-3 science or certified in an applicable specialty of geology, 35-4 geophysics, or soil science who is in responsible charge of the 35-5 work and who signs and seals all documents as required by this Act; 35-6 and 35-7 (2) a firm or corporation the principal business of 35-8 which is the public practice of geology, geophysics, or soil 35-9 science as determined by board rule if a principal of the firm or 35-10 an officer or director of the corporation is licensed as a 35-11 professional geologist, geophysicist, or soil scientist and has 35-12 overall supervision and control of the geological, geophysical, or 35-13 soil science work performed in this state. 35-14 (b) A firm or corporation permitted to engage in the public 35-15 practice of geology, geophysics, or soil science or a specialty of 35-16 geology, geophysics, or soil science is subject to the rules of the 35-17 board that pertain to the practice of geology, geophysics, or soil 35-18 science or a specialty of geology, geophysics, or soil science by a 35-19 firm or corporation. 35-20 (c) Except as provided by this section, a person, firm, or 35-21 corporation may not hold out to the public that the person, firm, 35-22 or corporation is a licensed professional geologist, licensed 35-23 professional geophysicist, or licensed professional soil scientist, 35-24 board certified in a specialty of geology, geophysics, or soil 35-25 science, or able to perform geological, geophysical, or soil 35-26 science services or prepare a report or other document that 35-27 requires the signature and seal of a licensee under this Act. 36-1 SECTION 37. DISCIPLINE AND ENFORCEMENT. (a) The board may 36-2 take the following disciplinary actions: 36-3 (1) deny renewal of a license; 36-4 (2) permanently revoke the license of a licensee; 36-5 (3) suspend the license of a licensee for a specified 36-6 time, not to exceed three years, to take effect immediately 36-7 notwithstanding an appeal if the board determines that the 36-8 licensee's continued practice constitutes an imminent danger to the 36-9 public health, welfare, and safety; 36-10 (4) issue a public or private reprimand to an 36-11 applicant, a licensee, or a person, firm, or corporation practicing 36-12 geology, geophysics, or soil science under this Act; 36-13 (5) impose limitations, conditions, or restrictions on 36-14 the practice of an applicant, a licensee, or a person, firm, or 36-15 corporation practicing geology, geophysics, or soil science under 36-16 this Act; 36-17 (6) require that a licensee participate in a peer 36-18 review program under rules adopted by the board; 36-19 (7) require that a licensee obtain remedial education 36-20 and training as prescribed by the board; 36-21 (8) impose probation on a licensee requiring regular 36-22 reporting to the board; 36-23 (9) require restitution, in whole or in part, of 36-24 compensation or fees earned by a licensee a person, firm, or 36-25 corporation practicing geology, geophysics, or soil science under 36-26 this Act; and 36-27 (10) impose an appropriate administrative penalty for 37-1 each violation of this Act or a rule adopted under this Act on a 37-2 licensee or a non-licensee who is not exempt from registration 37-3 under the provisions of this Act. 37-4 (b) The board may impose appropriate sanctions for: 37-5 (1) the practice of any fraud or deceit in obtaining 37-6 certification from an organization described in Section 14(i) of 37-7 this Act or in obtaining a license as a geologist, geophysicist, or 37-8 soil scientist or in a specialty of geology, geophysics, or soil 37-9 science; 37-10 (2) incompetency, misconduct, fraud, gross negligence, 37-11 or repeated incidents of negligence in the public practice of 37-12 geology, geophysics, or soil science; 37-13 (3) conviction of a felony or a crime involving moral 37-14 turpitude; 37-15 (4) the imposition of an administrative, civil, or 37-16 criminal fine, or the imposition of a sentence of imprisonment or 37-17 probation instead of a fine, for a misdemeanor relating to or 37-18 arising out of the public practice of geology, geophysics, or soil 37-19 science; 37-20 (5) the issuance of a cease and desist order or a 37-21 similar sanction relating to or arising out of the public practice 37-22 of geology, geophysics, or soil science; 37-23 (6) using the seal of another person or using or 37-24 allowing the use of the licensee's seal on geological, geophysical, 37-25 or soil science work not performed by or under the supervision of 37-26 the licensee; 37-27 (7) aiding or abetting a person in the violation of 38-1 this Act; 38-2 (8) the revocation or suspension of a license, the 38-3 denial of renewal of a license, or other disciplinary action taken 38-4 by a state agency, board of registration, or similar licensing 38-5 agency for geologists, geophysicists, or soil scientists or a 38-6 profession or occupation related to the public practice of geology, 38-7 geophysics, or soil science; however, the sanction imposed by the 38-8 board under this subdivision may not exceed in severity or duration 38-9 the sanction on which the action is based; 38-10 (9) a mental or physical disability, including a 38-11 dependence on or addiction to alcohol or a legal or illegal drug, 38-12 that substantially interferes with the individual's ability to 38-13 assume the responsible charge of and responsibility for geological, 38-14 geophysical, or soil science work; however, a sanction imposed 38-15 under this subdivision may not violate a state or federal law 38-16 relating to the rights of a person with a disability; 38-17 (10) practicing or offering to practice geology, 38-18 geophysics, or soil science or holding out to the public that the 38-19 person or the person's firm or corporation is licensed or qualified 38-20 to practice geology, geophysics, or soil science if the person is 38-21 not licensed under this Act or the person's firm or corporation 38-22 does not employ a licensed professional geologist, licensed 38-23 professional geophysicist, or licensed professional soil scientist 38-24 as required by this Act; 38-25 (11) practicing or offering to practice a specialty of 38-26 geology, geophysics, or soil science recognized by the board or 38-27 holding out to the public that the person or the person's firm or 39-1 corporation is certified in or qualified to practice a specialty of 39-2 geology, geophysics, or soil science if the person is not certified 39-3 in that specialty under this Act or the person's firm or 39-4 corporation does not employ a geologist, geophysicist, or soil 39-5 scientist certified in that specialty to be in responsible charge 39-6 of the specialty work as required by this Act; or 39-7 (12) violating this Act, a rule adopted under this 39-8 Act, including the code of professional conduct, or a comparable 39-9 provision of the laws or rules regulating the practice of geology, 39-10 geophysics, or soil science in another state or country. 39-11 SECTION 38. COMPLAINTS; INVESTIGATION. (a) A person may 39-12 bring a complaint alleging a violation of this Act or a rule 39-13 adopted under this Act. 39-14 (b) The board shall investigate all complaints brought to 39-15 its attention and may employ investigators, expert witnesses, and 39-16 hearing officers, appoint advisory committees, and conduct hearings 39-17 to determine whether disciplinary or other action should be taken. 39-18 (c) A complaint must be made in writing, be sworn to by the 39-19 person making the complaint, and be filed with the board's 39-20 secretary. 39-21 (d) A person who reports or provides information to the 39-22 board in good faith is not subject to an action for civil damages. 39-23 (e) The board, on its own motion and on a finding of 39-24 probable cause following its investigation, may direct the 39-25 secretary to file a verified complaint charging a person with a 39-26 violation of this Act or a rule adopted under this Act. The board 39-27 shall hear all charges, except for a charge that the board 40-1 determines to be unfounded or unsupported by the evidence 40-2 submitted. 40-3 SECTION 39. REPORT OF DISCIPLINARY ACTION. (a) The board 40-4 shall report disciplinary actions taken by the board to appropriate 40-5 regulatory officials in this state, to any other registration or 40-6 licensing board or organization acting on behalf of a registration 40-7 or licensing board in another state, or to an appropriate state or 40-8 federal law enforcement agency if the board determines that a 40-9 violation of laws enforced by the agency receiving the report may 40-10 have occurred. 40-11 (b) The board shall report a disciplinary action taken by 40-12 the board to appropriate law enforcement authorities if the board 40-13 believes that the violation prompting the disciplinary action 40-14 constitutes a criminal offense. 40-15 (c) The records of the board's disciplinary actions may be 40-16 released by the board to a law enforcement agency or a licensing or 40-17 registration board in this state or another state on written 40-18 request. 40-19 (d) The board shall issue public notice of all suspensions 40-20 and revocations of licenses including a suspension, surrender of a 40-21 certificate, or revocation, obtained informally or by consent, in 40-22 an annual report or another publication selected by the board. A 40-23 report under this subsection may not include an expiration or 40-24 revocation of a license based solely on the failure of the licensee 40-25 to renew the license or to pay an applicable fee. 40-26 SECTION 40. APPEAL. A person aggrieved by a final decision 40-27 or action of the board imposing a sanction under this Act may 41-1 appeal the board's decision or action in a court of competent 41-2 jurisdiction. 41-3 SECTION 41. REISSUANCE OF A LICENSE. (a) The board may 41-4 reissue a license that was revoked on written application to the 41-5 board made after the third anniversary of the date of the 41-6 revocation. The applicant must show good cause to justify the 41-7 reissuance of the license. 41-8 (b) The board shall reissue a license that was suspended on 41-9 the date the suspension period expires. The board may impose 41-10 reasonable conditions or limitations in connection with the 41-11 reissuance of a license that has been suspended. 41-12 SECTION 42. OFFENSE. (a) A person commits an offense if 41-13 the person: 41-14 (1) practices, offers, or attempts to practice 41-15 geology, geophysics, or soil science or a specialty of geology, 41-16 geophysics, or soil science before the public without being 41-17 licensed as required by this Act; 41-18 (2) uses the term "Licensed Professional Geologist," 41-19 "Licensed Professional Geophysicist," or "Licensed Professional 41-20 Soil Scientist," or the initials "L.P.G." or "L.P.S.S." or claims a 41-21 specialty in geology, geophysics, or soil science as a 41-22 professional, business, or commercial identification or title or 41-23 otherwise holds out to the public that the person is licensed to 41-24 practice geology, geophysics, or soil science or a specialty of 41-25 geology, geophysics, or soil science without being licensed as 41-26 required by this Act; 41-27 (3) alters or revises a document, map, or other 42-1 geological, geophysical, or soil science work signed or sealed by a 42-2 licensed professional geologist, licensed professional 42-3 geophysicist, or licensed professional soil scientist unless the 42-4 alteration or revision is signed and sealed by a licensed 42-5 professional geologist, licensed professional geophysicist, or 42-6 licensed professional soil scientist; 42-7 (4) changes or alters the name or seal of another 42-8 licensed professional geologist, licensed professional 42-9 geophysicist, or licensed professional soil scientist on any 42-10 document, map, or other geological, geophysical, or soil science 42-11 work; 42-12 (5) impersonates a licensed professional geologist, 42-13 licensed professional geophysicist, or licensed professional soil 42-14 scientist or presents or attempts to use the license or the seal of 42-15 another licensed professional geologist, licensed professional 42-16 geophysicist, or licensed professional soil scientist as the 42-17 person's own license or seal; 42-18 (6) gives false or forged evidence to the board or to 42-19 a member of the board in an attempt to obtain a license; 42-20 (7) uses a seal or signs a document under a license 42-21 that is expired or has been suspended or revoked; 42-22 (8) manages, owns, or operates a place of business 42-23 where public geological, geophysical, or soil science work or 42-24 specialty work that is not exempt from licensure under this Act is 42-25 offered or performed for others without the work being supervised 42-26 or performed by a licensed professional geologist, licensed 42-27 professional geophysicist, or licensed professional soil scientist 43-1 or a geologist, geophysicist, or soil scientist certified in a 43-2 specialty of geology, geophysics, or soil science; 43-3 (9) uses public geological, geophysical, or soil 43-4 science work performed by another person for a purpose that 43-5 violates this Act; or 43-6 (10) otherwise violates this Act or a rule adopted by 43-7 the board under this Act. 43-8 (b) An offense under this section is a Class A misdemeanor. 43-9 SECTION 43. TRANSITION. (a) An applicant who applies for a 43-10 license under this Act before September 1, 1998, may be qualified 43-11 for licensure without written examination if the applicant has: 43-12 (1) graduated from an accredited institution of higher 43-13 education acceptable to the board with a bachelor of science or 43-14 bachelor of arts or higher degree and a major in geology or 43-15 geoscience if the application is for certification as a geologist, 43-16 a major in geophysics, geophysical science, or another discipline 43-17 the board determines to be relevant to geophysics if the 43-18 application is for certification as a geophysicist, or a major in 43-19 soil science if the application is for certification as a soil 43-20 scientist; or 43-21 (2) graduated from an accredited institution of higher 43-22 education in a four-year academic degree program other than 43-23 geology, geoscience, geophysics, or soil science, as appropriate, 43-24 but has completed the required number of course hours to qualify as 43-25 a geologist, geophysicist, or soil scientist or in a specialty of 43-26 geology, geophysics, or soil science and has experience consisting 43-27 of not less than six years of professional practice in geology, 44-1 geophysics, or soil science, as appropriate, acceptable to the 44-2 board completed before the date of application for licensure under 44-3 this section. 44-4 (b) An applicant for certification in a specialty who 44-5 applies before the first anniversary of the date the board 44-6 officially recognizes the specialty under this Act may be qualified 44-7 for certification in that specialty without written examination if 44-8 the applicant: 44-9 (1) is licensed under this Act as a geologist, 44-10 geophysicist, or soil scientist in this state; and 44-11 (2) has experience consisting of not less than six 44-12 years of professional practice acceptable to the board in the 44-13 applicable specialty of geology, geophysics, or soil science 44-14 completed before the date of application for certification in a 44-15 specialty under this section. 44-16 (c) An initial member of the board who is required to be a 44-17 licensed professional geologist, geophysicist, or soil scientist 44-18 must be qualified for licensure or certification under Subsections 44-19 (a) and (b) of this section. 44-20 (d) The governor shall make the initial appointments to the 44-21 board before November 1, 1997. The board shall hold its first 44-22 meeting before January 1, 1998. The initial appointments to the 44-23 board shall be made as follows: 44-24 (1) three members shall be appointed for terms 44-25 expiring in 1999; 44-26 (2) three members shall be appointed for terms 44-27 expiring in 2001; and 45-1 (3) three members shall be appointed for terms 45-2 expiring in 2003. 45-3 (e) The board shall adopt rules under this Act not later 45-4 than November 30, 1998. 45-5 (f) A person is not required to obtain a certificate of 45-6 licensure under this Act until January 1, 1999. 45-7 SECTION 44. EFFECTIVE DATE. This Act takes effect September 45-8 1, 1997, except that Sections 18 and 42 take effect January 1, 45-9 1999. 45-10 SECTION 45. EMERGENCY. The importance of this legislation 45-11 and the crowded condition of the calendars in both houses create an 45-12 emergency and an imperative public necessity that the 45-13 constitutional rule requiring bills to be read on three several 45-14 days in each house be suspended, and this rule is hereby suspended.